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2009 SESSION

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SB 1426 Magistrates; refer complaints alleging felony offense to law-enforcement agency.

Introduced by: R. Creigh Deeds | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Power of magistrates to issue felony arrest warrants. Provides that a magistrate may not issue an arrest warrant for a felony offense upon the basis of a complaint by a person other than a law-enforcement officer without prior consultation by the magistrate with the attorney for the Commonwealth or, if no attorney for the Commonwealth is available, without prior consultation with a law-enforcement agency. The bill also provides that a written complaint shall be required whenever practicable if the complainant is not a law-enforcement officer.

SUMMARY AS PASSED SENATE:

Magistrates; issuance of arrest warrants.  Provides that prior to examining witnesses on a citizen's complaint alleging a felony offense, a magistrate must refer the complaint to a law-enforcement agency with jurisdiction for investigation of the alleged offense.  If the law-enforcement agency declines the investigation, the complaint may proceed.  If the law-enforcement agency undertakes an investigation, the citizen's complaint is to be delayed until the investigation is concluded or at the end of seven days, whichever comes first.  The bill also requires that a complaint for an arrest warrant be in writing, whenever practicable, if the complainant is not a law-enforcement officer.

SUMMARY AS INTRODUCED:

Magistrates; issuance of arrest warrants.  Provides that a magistrate may not issue a felony arrest warrant based on a citizen complaint unless authorized by the attorney for the Commonwealth or a law-enforcement agency. The bill also requires that a complaint for an arrest warrant be in writing if the complainant is not a law-enforcement officer.